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8F Consent 2011 0502
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8F Consent 2011 0502
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Last modified
5/4/2011 4:34:43 PM
Creation date
4/28/2011 3:49:09 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
5/2/2011
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_CC Agenda 2011 0502
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2011\Packet 2011 0502
Reso 2011-088
(Reference)
Path:
\City Clerk\City Council\Resolutions\2011
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7.3 General Statement of Powers. The Association shall have all the <br /> powers of a nonprofit mutual benefit corporation organized under the General Nonprofit <br /> Mutual Benefit Corporation Law of California, as now in effect or as hereinafter <br /> amended or replaced, subject only to such limitations on the exercise of its powers as are <br /> set forth in the Articles, the Bylaws, and this Declaration. It shall have the power to do <br /> any lawful thing that may be authorized, required, or permitted to be done by the <br /> Association under this Declaration, the Articles, and the Bylaws, and to do and perform <br /> any act that may be necessary or proper for or incidental to, the exercise of any of the <br /> express powers of the Association, including without limitation, the acts enumerated in <br /> Section 7.4 through 7.7 of this Declaration, and the right to bee sued by an Owner. <br /> 7.4 Rights of Assessment. The Association "ay establish, fix, and levy <br /> assessments against the Owners and collect and enforce,payment of such assessments. in <br /> accordance with the provisions of this DeclaratiOnv \� <br /> 7.5 Right To Establish Rules /) Association may amend. and <br /> repeal Association Rules and Regulationstas it considers appropriate -The Association <br /> Rules and Regulations shall regulate the use and •enjoyment of the Common Areas. A <br /> s a <br /> copy of the Association Rules and Regulations adopted, amended, or repealed shall be <br /> mailed or otherwise delivered to each Owner and a.�opy be posted in a conspicuous <br /> place within the Project. If any proviso -of this Declaration, the Articles, the Bylaws, or <br /> the Common Areas Lease, is inconsistent.with or materially.alters any Association rule or <br /> regulation, the Declaration. the Articles, or "1he' Bylaws. shall ontrol to the extent of any <br /> such inconsistency./ ' \\ \ \/ <br /> 7.6 Right To I'm`pose Sanctions. <br /> (a) In addition to an enforcement rights\described in this Declaration and the <br /> Bylaws or authorized b and ct,to any restrictions on the Association's <br /> enforcement nghtsin llud�ng any due process imposed by this Declaration. <br /> th or by law, the Association may ake any of the following actions against any <br /> person or.ntity whose ac\ or failure 't; act violates or threatens to violate any provision of <br /> this Declaration, the Bylaws, or th ssociation Rules and Regulations: <br /> (i) Impose monetary penalties, including late charges and interest. <br /> (ii) Suspend voting rights in)the Association. <br /> (iii) Suspend use p Common Areas. <br /> (iv) Commence a legal`acfion / for declaratory judgment, damages, or injunctive relief, or <br /> any combination of the.foregoing. <br /> (b) The determination whether to impose any of the sanctions set forth in Section 7.6(a) <br /> shall be within the sole discretion of the Association. Any legal action may be brought in <br /> the name of the Association on its own behalf and on behalf of any Owner who consents. <br /> and the prevailing party in any such action shall be entitled to recover costs and <br /> reasonable attorneys' fees. <br /> (c) The Association may take more than one of the foregoing enforcement actions against <br /> any one violation or threatened violation, provided that a suspension of use privileges <br /> shall not exceed thirty (30) calendar days (unless the suspension is for delinquent <br />
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